SEOUL, South Korea, Dec. 10 /PRNewswire/ -- NessCap Co., Ltd. ("NessCap"), a privately held company recognized as a global leader in ultracapacitor technology, product development, sales, and manufacturing announced today that the U.S. Federal District Court in the Southern District of California (San Diego) has issued an order denying Maxwell Technologies, Inc.'s motion for summary judgment of non-infringement of NessCap's U.S. Patent Number 6,743,544. The order states that a reasonable jury could conclude that Maxwell's C and D cell BOOSTCAP(R) ultracapacitor products infringe NessCap's patent, and notes that NessCap's expert witness "presented the Court with enough support to allow a reasonable finder of fact to determine that [Maxwell's] devices infringe under the doctrine of equivalents."
NessCap's patent relates to energy storage devices that include a "pressure adjusting" component. As described in NessCap's patent, this component acts somewhat like a spring to help compensate for expansion and contraction of other parts of the device due to, for example, changes in temperature during operation. Based on its examination of samples of Maxwell's C cell and D cell BOOSTCAP(R) ultracapacitors, NessCap believes that it is clear that Maxwell uses such a component in its products for precisely the same reason, and is convinced that ongoing discovery will validate its position.
At the recent Stephens Inc. Investor Conference, Maxwell stated that its BOOSTCAP(R) D cell line of ultracapacitors is responsible for one half of all of Maxwell's revenue, in the last fiscal quarter of 2007 alone. Thus, NessCap believes that a significant amount of Maxwell's revenue is derived from the infringement of NessCap's patent, thereby intentionally causing NessCap financial harm.
Previously, the San Diego court denied Maxwell's motion for a preliminary injunction against NessCap regarding Maxwell's U.S. Patent Number 6,631,074, stating that Maxwell had not established a likelihood of success in the separate patent infringement action it filed against NessCap and its U.S. parent company, NessCap, Inc., in October 2006. Also in that case, NessCap has appealed the previous preliminary injunction issued against it last April regarding certain of its prismatic devices. NessCap firmly believes that this injunction was issued in error. The Court of Appeals for the Federal Circuit in Washington, D.C. will likely hear this appeal in early 2008.
NessCap is represented in the lawsuit by Edwards Angell Palmer & Dodge LLP of Boston, Massachusetts.
NessCap is a global leader in technology innovation and product development of ultracapacitors. NessCap features the widest array of standard commercial products in the market from 3 farads to 5000 farads with industry recognized alternative organic electrolytes. NessCap products are available in both cells and modules for the transportation, power, and consumer markets. Technical and sales information can be found at http://www.nesscap.com/.
NessCap Co., Ltd.
CONTACT: Robert Tressler of NessCap Co., Ltd., rtressler@nesscap.com
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